Annulment

In Iowa, marriage can be annulled for the following reasons:

Where the marriage between the parties is prohibited by law

Where either party was impotent at the time of marriage.

Where either party had a husband or wife living at the time of the marriage, provided they have not, with a knowledge of such fact, lived and cohabited together after the death or marriage dissolution of the former spouse of such party.

Where either party was a ward under a guardianship and was found by the court to lack the capacity to contract a valid marriage.

If the court grants the annulment, the marriage is dissolved from its inception, meaning that there was never a legal marriage. This remedy may be important when the rights of the parties depend on the existence of a valid marriage. The decision of whether to seek a dissolution or an annulment may have an impact on issues of property division and spousal support.

Record of Success

The alleged victims believed that they had “recovered” memories of multiple sexual assaults from their childhood. Investigators accepted the accusers’ stories and arrested client, his brothers, father and uncle, charging all of them with multiple counts of rape, alleged to have occurred many years prior. After nearly two years of litigation, involving use of expert…

Grandfather falsely accused of sexual abuse by pre-teen grand-daughter. Use of expert witness at trial helped us show the inconsistencies in the accuser’s story, and her motivation to lie. Jury found the client NOT GUILTY.

Client was facing multiple Class C Felony charges for multiple alleged events of sexual contact with minor. Investigation, including taking deposition of alleged victim, obtaining her treatment records, and hiring expert psychologist to review inconsistencies in child’s statements, led to a significant pre-trial charge reduction and guilty plea that cut prison term to a fraction…

Recent Cases

The alleged victims believed that they had “recovered” memories of multiple sexual assaults from their childhood. Investigators accepted the accusers’ stories and arrested client, his brothers, father and uncle, charging all of them with multiple counts of rape, alleged to have occurred many years prior. After nearly two years of litigation, involving use of expert…

Grandfather falsely accused of sexual abuse by pre-teen grand-daughter. Use of expert witness at trial helped us show the inconsistencies in the accuser’s story, and her motivation to lie. Jury found the client NOT GUILTY.

Client was facing multiple Class C Felony charges for multiple alleged events of sexual contact with minor. Investigation, including taking deposition of alleged victim, obtaining her treatment records, and hiring expert psychologist to review inconsistencies in child’s statements, led to a significant pre-trial charge reduction and guilty plea that cut prison term to a fraction…

Charges: Assault and Stalking. Filed notice of defense of diminished capacity, and sought state funded expert for psychological evaluation and testimony concerning client’s mental condition. District Court denied the request for funds. On interlocutory appeal, Iowa Court of Appeals REVERSED, and ordered that the defense must be provided the requested funds for services of expert…

Charge: Possession of Controlled Substance with Intent to Deliver, Class C Felony. Client initially denied all accusations. After intimidating police interrogation, client gave false confession to crime. Counsel filed motion for state funds to hire two experts: an expert on police interrogation and false confession to testify as to the coercive nature of the interrogation,…

Client charged with capital murder 14 years after her husband’s death when new testimony led prosecutor to believe she had killed her husband with arsenic. Our defense revealed weakness in state’s case, and the capital murder charge was resolved by plea bargain resulting in a five-year prison sentence.

State charged client with capital murder. Client had already been convicted of double homicide in an unrelated murder case and was serving life without parole. After 300 + hours of pretrial investigation, the case was settled on eve of trial. Client avoided electrocution by plea with stipulated sentence to life without parole.

Charge: Forgery, Class D Felony. Client charged with forgery for possession of fake lawful permanent residency card (green card). After deposition of state witnesses, I convinced prosecutor that client had been duped into purchase of green card, thinking he had become lawful resident. Charge amended to serious misdemeanor charge of possession of a fictitious license,…

Charge: Forgery, Class D Felony. Client charged with forgery for possession of fake lawful permanent residency card (green card). After deposition of state witnesses, I convinced prosecutor that client had been duped into purchase of green card, thinking he had become lawful resident. Charge amended to serious misdemeanor charge of possession of a fictitious license,…

Charges: Client charged with OWI-2nd, and three counts of child endangerment for having three children in car. Negotiated dismissal of all child endangerment charges with minimum sentence on OWI-2nd plea.

Charges: Assault, Hate Crime, Going Armed with Intent, First Degree Burglary, Criminal Trespass, Participating in a Riot, Carrying a Weapon, Criminal Mischief and Joint Criminal Conduct. Government purposefully tried to make an example of this defendant, overcharging him, then arresting and charging counsel’s student intern with obstruction of justice and witness tampering for speaking with…

Charges: Client charged with class A felony kidnapping 1st degree and class B felony sexual abuse 2nd degree. Negotiated plea to one class C felony count of conspiracy to commit a forcible felony, with dismissal of all other charges. Sentence suspended, with probation and credit for time served.

Charge: Class D felony sex crime, lascivious acts with a child. Trial to jury. Presented expert testimony from child psychologist to show inconsistencies in alleged victim’s reports of abuse, and motivation for manipulation and fabrication. Verdict of NOT GUILTY.

Charges: Class C felony drug charge, together with possession charge and 5 year enhancement for alleged distribution near school. Filed motion to suppress due to illegal search. Charge amended to one simple misdemeanor possession of drug paraphernalia. All other charges dismissed. Fine only. No jail sentence.

Charges: Class C felony methamphetamine manufacturing charged as second offense with triple enhancement. Also charged with class D felony possession of precursor, and child endangerment. After filing of motion to suppress evidence found in illegal search of client’s residence, client pled to felony drug charge without enhancements, with dismissal of precursor and child endangerment charges. …

Charge: Felony charge of armed sexual battery. Client charged with raping teenage daughter with weapon. Defense demonstrated psychiatric and credibility problems of complaining witness. Motions for physical and psychiatric examinations of complaining witness led to negotiated plea of no contest, with three years probation.

Client’s daughter was coached by father and ex-husband to falsely accuse mother of sexual abuse. Child’s therapist engaged in unprofessional and improper questioning of child, leading child to believe she had been abused. Using expert witnesses to analyze the history of contacts between child and therapist, I filed a pretrial motion requesting a taint hearing…